Municipal Law – Page 5 – Schenk & Associates

Evidentiary Considerations in a Judicial Review Proceeding

Source: 2016 BCSC 451 Sayami v. British Columbia (Superintendent of Motor Vehicles) This case deals with evidentiary considerations in a judicial review context of an immediate roadside suspension. The IRS process is unique but the principles discussed in this decision…

OCP Is Not A Bylaw

by Johannes Schenk / On August 21, 2015 / In Litigation, Municipal Law

Tuwanek Ratepayers Association v. Sechelt (District), re-iterates that an Official Community Plan is not a bylaw. It is a document that guides and informs the planning process.

Local Government Defamation

by Johannes Schenk / On July 8, 2015 / In Litigation, Municipal Law

Milne v. Capital Regional District, concerns defamation by a local government. The case is unusual in that the alleged defamation arises from comments related to a public hearing posted on a local government website. The case seems to be somewhat…

Yaletown Rezoning: No Disclosure of Prior Dealing Required

by Johannes Schenk / On June 25, 2015 / In Municipal Law

Community Association of New Yaletown v. Vancouver City, is a great case if you are a municipality. A three member panel of the BC Court of Appeal has spoken in the clearest terms possible and had the following to say:…

North Vancouver District Landslide Remediation Orders Upheld

by Johannes Schenk / On June 3, 2015 / In Municipal Law

Madaninejad v. North Vancouver (District), concerns orders made by the District of North Vancouver against a property owner to re-mediate a landslide risk. The orders were upheld on judicial review.

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